By Prof. Charles Kambanda
Rwanda Attorney General’s response to the EU Ambassador’s twitter message over the recent insane demolition of the magnificent Top Tower Hotel in Kigali doesn’t surprise me. The AG’s response is vivid proof of poor judgement, hooliganism and lack of intellectual equipment to identify and address critical legal issues around the insane demolition. It’s another piece of evidence that Rwanda’s AG is an impostor in legal practice. Johnson Busingye resorted to hooliganism as a defense mechanism.
Rwanda’s impostor Attorney General should have addressed the following critical legal issues around Kagame’s decision to demolish a magnificent hotel in Kagali just because the hotel belongs to a ” wrong” person in a wrong place for such a person:
1) Did controlled demolition give Kigali junta the right to encroach on the neighboring property; trespassing? The junta used poor equipment to demolish a very big Hotel. In the process, the debris from the Hotel they were demolishing destroyed the EU Embassy wall fence; the junta trespassed on EU property that’s protected under the Vienna Convention of 1961.
2. Is the law under which this hotel was demolished Constitutional? The Constitution of Rwanda is categorical; private property is inviolable. And, nobody can be deprived of life, property, without Due Process. In 2003 or thereabout, Kagame abolished the Constitutional Court because his bogus laws would not pass the constitutionality test. Kagame is the “constitutional court” in Rwanda. The owner of the Hotel had no court of law to turn to in order to challenge that unconstitutional demolition. Why does the junta deny Rwandans their constitutional rights?
3. Did the junta use reasonable technology to carry out the demolition? The video clip suggests that the junta used rudimentary ” technogy” to execute the demolition; it was scary, risky and dangerous to human life and property. What did the impostor AG do? Isn’t that part of his job?
4. The EU Ambassador’s central message was that the demolition wasn’t done properly; the demolition posed serious risk and danger to people’s life and property in the neighborhood. There is sufficient evidence, from the video clip and the destroyed EU property, that the junta did not have substantial control over the demolition because of the poor equipment used . Whether or not someone died in the process is probable but difficult to prove because the junta controls information.
5. Kagame junta is infamous for telling lies about everything. Who believes what the junta says, especially when the junta has clear interest in telling lies?
6. The Attorney General is infamous for telling lies, including telling lies that he completed his legal education, which he did not complete. One would be stupid to believe what Rwanda’s AG says; that nobody died. Who believes an impostor like Johnson Busingye?